Wednesday, August 17, 2011

John Bradley called too biased to fairly evaluate DNA innocence claim

New DNA testing of crime scene evidence from a 1986 murder provides powerful new proof that a Texas prisoner was wrongfully convicted. Michael Morton, who has served 25 years in prison for the murder of his wife, has always maintained his innocence and spent the last six years fighting for DNA testing over the District Attorney’s objections. Morton is pictured above, center, with his parents during a 2010 visit.

Post-conviction DNA testing has identified a convicted offender in the national DNA databank as the man whose DNA is mixed with the blood and hair of the murder victim on a bloody bandana recovered near the crime scene.

In light of the new evidence, the Innocence Project filed legal documents today asking the trial judge to appoint a new prosecutor in the case because [Williamson County] District Attorney John Bradley’s bias against Michael Morton and the Innocence Project and past history on the case prevents Bradley from conducting an impartial review of the new DNA evidence and pursuing the actual assailant.

32 comments:

Scott - Wanted to say thanks so very much for all of your work on behalf of the Innocence Project. I sincerely wish that there were a true mechanism in place to remove Mr. Bradley from office for malicious prosecution. The reality though, is that the longer Bradley is in office the harder rehabilitation remains for those who are inovolved in the criminal justice system. I work in Criminal Justice and have been shocked at some of the recommendations that the DA has made while prosecuting cases. Texas CSO

When are people going to learn that the John Bradley's and other "win at all costs" prosecutors and "poeleece" are killing what (diminishing) respect there still is for the so called criminal justice system in Texas?

I wonder if Bradley will even contest this motion. Not being on the case any more would leave him free to criticize whoever decides there's no case and to claim that the original conviction should stand, regardless of any new information. If he were still in charge of this case he would be in the chain that had to announce that his office screwed up all those years ago.

Michael Morton's case interested me so in 2005 I requested the autopsy report and investigative records from the Travis Co. Medical Examiners Office and what I found was disturbing. First the the Travis Co. Morgue Log sheet does not show Christine Morton's body arriving or leaving the morgue. Bayardo's office stated he did not take any autopsy notes, record he collected any evidence from the body, did not do a body diagram and erased the audio dictation tape. As bad as this was, it is what he told the Star-Telegram reporter Yamil Berard in 2009 that makes this criminal. On September 27, 2009 the Star-Telegram published the article titled, "With little oversight in Texas, Autopsies often careless", wherein they reported: "Bayardo told the Star-Telegram that he never took notes because he feared they would be subpoenaed. "That’s always a problem," he said. Instead, he would create an autopsy report by dictating information on tape." And as I stated above, the ME's office said the dictation tapes were destroyed, which is destruction of evidence. With all this one has to wonder why Bradley fought so hard to keep evidence from being DNA tested, or maybe you don't have to wonder, you just need to read his 2-15-07 posted on the TDCAA website which was, "A better approach might be to get a written agreement that all the evidence can be destroyed after the conviction and sentence. Then, there is nothing to test or retest. Harris County regularly seeks such agreements."

Bradley...Perry's pick to railroad the TFSC and cover up the execution of an innocent man. Geez, even Rick Perry knows Bradley is a monster.

The question I would have for Bradley is how many other people has he or one of his clones (Jane Starnes, Travis McDonald, Doug Arnold, and others) wrongfully, willfully, maliciously prosecuted? How many people are serving outrageous sentences because of penalty enhancements based on fabricated b.s. extraneous offenses/bad acts but were never challenged by the defense lawyers? How many kids are needlessly forced to go to the Williamson County Childens Advocacy Center each year(Bradley's pet project) to be repeatedly subjected to sexually explicit materials and questioned about sex abuse,or repeatedly questioned about other types of abuse based on little or no reason?

Why are only a handful of lawyers chosen as court appointed to represent indigent clients on appeal? Why are lawyers afraid of John Bradley? Intimidation perhaps?

Why doesn't Bradley prosecute his own who break the law?

What does it take to get an investigation into the affairs of the Williamson County District Attorney's office?

Nurseypooh, according to the brief linked above, "Under national database regulations, California officials may not release the individual's name or any identifying information (including whether he is alive or dead; still in prison or out of custody; or the nature of his prior conviction(s)) to Texas officials until California first "confirms" the hit by re-testing an original DNA sample from that individual. Although that confirmation process typically takes one month, because Mr. Morton is presently incarcerated for the crime, Texas DPS officials informed the undersigned that they asked, and California officials agreed, that the matter be given "rush" priority."

So we should find out the identity of the real perp and his status as soon as the next month or so.

Robert "Bob" Phillips is a prominent lawyer in Williamson County. Prior to going into private practice, Phillips served as Chief Felony Prosecutor under District Attorney Ken Anderson from 1985 to 1987.

According to Bob Phillips' website: "During his seven years as a prosecutor, Phillips handled more than three thousand felony cases and tried more than 175 jury trials, including fifteen murder trials, and lost only one felony case."

They (the attorneys) already know the id of the guy - the paragraph after the one you quoted reads:

"Yesterday afternoon the the undersigned were informed that the California laboratory had confirmed the correctness of the original "hit". Counsel were also provided with the name of, and the basic identifying information pertaining to, the convicted offender in question."

The brief reads as if its author(s) are very confident - so I'd bet some spare change that the "convicted offender" turns out to be a guy with a history of violence who happened to live in Central Texas in 1986.......

too bad the majority of people in that county have no idea who Bradley is and how many others have been railroaded by hook or crook. They don't hear about all of the courthouse doings. They hear only what Bradley wants to disclose on his page at wilco.org I wonder how many Williamson sentenced to TDCJ today and for how long. And, I wonder how many of the sentences fit the crime. Bradley should remove himself from office, and take about 9 judges (district and county) with him.

After reviewing documents describing the crime scene, I'm going to stick my neck out and predict the killer was either Angel Maturino Resendez (railroad track killer), or someone who traveled with him.

okay if Mr. Fisher is brave enough to put a name out there, I'll throw out a couple of names of folks in jail on rape and murder charges in Cali who possibly have a connection to TX. 1)Christopher Melvin Holland who is awaiting trial in Santa Clara County CA for the 1983 rape and murder of 2 girls. He was arrested in 2007 after DNA linked him to the crimes. Christopher Melvin Holland has a brother named David Holland who was convicted in CA in 2009 for the 2001 rape of an 81 year old woman. David and Christopher Holland have a brother named Kenneth.

Kenneth W. Holland is serving time for a rape that occurred on 2/28/86in Williamson. TDCJ #00472555

Here is an interesting story regarding the two Cali brothers, 3 cold cases, and dna The article mentions a 3rd brother named Kenneth.

DAVID LEONARD HOLLAND OF CALIFORNIA:http://www.santaclara-da.org/portal/site/da/agencyarticle?path=%252Fv7%252FDistrict%2520Attorney%252C%2520Office%2520of%2520the%2520%2528DEP%2529&contentId=9f972571e4ae1210VgnVCM10000048dc4a92____

Each of these stories is another blot on John Bradley's name- this guy should be covered with'em by now, but somehow he takes a lickin and keeps on tickin- thank God for uppity blacks(Rodney Ellis)and loud mouthed Yankees(Barry Scheck)- I am increasingly in favor of removing the shroud of immunity from this level of malicious prosecutions - liabilty, I believe, would have to be assessed at a criminal burden of proof, even tho it is a civil action that most exonerees pursue- I have attended Bradley's Confessions training- mistake no doubt, he is not stupid-I wonder, tho, how much of his "stuff" people are willing to tolerate in pursuit of some type of perceived "public safety"- a rhetorical question, to be sure- but we have a DA here in Bexar who would love to be Bradley, and she is handily re elected time after time- there are bad people out there-but locking all of them up is just not working-I don't have an answer or alternative- but- these prosecutors -like Henry Wade, John Bradley and Susan Reed- are really scary

Prosecutors and police officers will go to any length to avoid admitting they were wrong or simply made a mistake. Hiding evidence is inexcusable. PERIOD. I have said it before and I will say it again--Texas needs a law that holds public officials accountable for wrongful convictions--as in federal court where they have the Hyde amendment. Why not pass a law that makes a prosecutor or a police officer criminally liable for failing to disclose exculpatory/impeaching/mitigating evidence to the defense? Maybe if there are some real consequences attached to prosecutorial misconduct, police and prosecutors might think twice about hiding it from the Defense. BTW that Motion to Recuse is AWESOME. But good luck getting Stubblefield to recuse Bradley----it ain't gonna happen.

Who was determined to be DNA contributor for the semen found on the bed?? Statesman article did not make this clear. There was Issue of whether there were vaginal cells also present. If there were her vaginal cells mixed with it and the DNA matches Morton doesn't that conflict with the note found on the mirror purporting to be from Morton complaining about lack of sexual relations?? I think Brady issues exist regarding bandana and the child's info. But we need to know more about proximity of that semen to victim's body. On her, near her, away from her, dry and from whom?? What was exact text of mirror note??

Stubblefield served as Williamson County's County Attorney from 1977 to 1992. In 1992 he was elected District Judge. The District Attorney at the time of Michael Morton's trial was Ken Anderson. Anderson was the Williamson County DA for over 16 years before Perry appointed him district judge in the 277th District Court in Williamson County in Dec 2001. John Bradley came to work for Ken Anderson in 1989. Perry replaced Anderson by appointing Bradley as DA.

Point: These 3 men have been doing "bidnez" together for over 20 years. They are part of a machine many call The WilCo Gang. They have the mentality of a Mob Family-- they take care of their own. It is my belief that Michael Morton isn't the only innocent person these men have railroaded.

08:27Barry C. Scheck received national media attention while serving on O.J. Simpson's defense team, winning an acquittal in the highly publicized murder case. Scheck is the director of the Innocence Project and seeks to prove that others, like OJ, are innocent.

Sorry 8:27, this is 1:01. My comment was meant for 9:15. I suspect 9:15 is Rick Perry's gofer man, John Bradley. He loves grits and he loves blogging. Bradley'll do anything to cast doubt on anyone with character...as if it changes the dna evidence found on the bandana, or the fact Todd Willingham didn't kill his children. Spin two three, spin two three, spin...

Once this guy is legally exonerated he should sue Bradley for denial of due process. What about absolute prosecutorial immunity you ask? A prosecutor only has absolute immunity for actions that are part of the prosecutorial function. I would argue that, since, by statute, the DA's responsibility is to do justice, not convict, that blocking and stalling DNA testing is not part of the prosecutorial function. It is acutally an obstruction of justice and therefore conflicts with and cannot be part of the prosecutorcial function.

I know its a long shot but I think it would be worth a try. If you could win that argument then other DAs would be much more reluctant to block DNA testing.

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